These Massachusetts regulations contain the state's relevant pet sale provisions.  Under the regulations, a dog or cat may be deemed unfit for sale within 14 days of purchase if it has a disease or congenital deformity.  The purchaser may then receive a refund or substitution of the "defective" pet.

These Massachusetts regulations contain the state's relevant pet sale provisions.  Under the regulations, a dog or cat may be deemed unfit for sale within 14 days of purchase if it has a disease or congenital deformity.  The purchaser may then receive a refund or substitution of the "defective" pet.

12.05: Restriction on Sale

(1) No licensee shall display, offer for sale, sell or give away any animal with obvious signs of any of the following conditions:

(a) Infectious diseases such as distemper, hepatitis, leptospirosis, rabies or other similar infectious diseases, but not including any incubating diseases;

(b) Nutritional diseases including but not limited to, rickets, emaciation, and hypo-vitaminosis;

(c) Obvious signs of severe parasitism which is impacting the general health of the animal;

(d) Fractures, lameness or congenital abnormalities affecting the general health of animal;

(e) Metabolic disease including, but not limited to, kidney disease and diabetes;

(2) No licensee shall:

(a) Display any reptile, amphibian or invertebrate for sale without posting its Taxonomic derivation, or display any dog under six months of age for sale without posting, in a place readily visible to the consumer where dogs are available for sale, a sign which states the following in black lettering not less than thirty-eight point size upon a white background: "THE FOLLOWING INFORMATION IS ALWAYS AVAILABLE ON ALL OF OUR PUPPIES: THE PUPPY'S DATE OF BIRTH, CITY/TOWN AND STATE OF BIRTH, THE DATE [name of pet shop or 'THIS PET SHOP'] RECEIVED THE PUPPY, THE PUPPY'S COMPLETE VACCINATION, WORMING, MEDICATION AND TREATMENT RECORDS, AND THE PUPPY'S 14-DAY WARRANTY";

(b) Acquire, display, offer for sale, sell or give away any dog or cat which is less than eight weeks of age;

(c) Sell or give away any dog or cat:

1. unless the licensee is in possession of a health certificate issued by a licensed veterinarian dated not more than seven calendar days previous to the sale or give away; or

2. which has been returned to the licensee due to its failure to pass a veterinary examination after its sale to a purchaser, unless a new licensed veterinarian's health certificate, dated after the date of the return, has been issued to the licensee; or

3. which is under a quarantine order, issued under the authority of M.G.L. c. 129, §§ 11, 21 and 22.

(3) All licensees shall provide a substitution or a full refund of the purchase price of any dog or cat to any purchaser who:

(a) within 14 calendar days of sale has the dog or cat examined by a licensed veterinarian of his or her choice, and the examination indicates the dog or cat is diseased or has a congenital disorder; and

(b) presents the dog or cat, a veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, and proof of sale within two business days of the date of the examination.